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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DWP Letter Saying I Owe £2078 - Tax Credits Overpayment From 2013 - UC Overpayment from 2021


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Hello,

 

Sorry you find yourself in this situation, this whole HMRC linking up with the DWP, and clawing back repayments via UC has been on the cards for years, they finally got clever , What's more, they seem to be paying no regard to the recipients financial circumstances.  In HMRC's mind people are claiming Universal Credit just for the fun of it, rather than because they can't afford their rent, and it's just fine to deduct food money from the most vulnerable in society, because of a mistake they may or may not have made 10 years ago.

 

So, in terms of your SAR, did you notice 

 

1 Any mistaken assumptions on their part with your income

2 Any phone calls that didn't happen

 

Sometimes they over estimate your income for a particular year, I'd go through that with a fine tooth combe. If that turns out to be the case then they would need to revise what you owed them.

 

Then I'd take a look at this Link

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953377/HMRC_organisation_chart_January_2021.pdf

 

Find the correct person to write to, right at the top.  2 copies, one to the Director, one to  perhaps the 'well being champion'

 

Reference number, Name Etc

 

The general Gist of your letter, should be that you feel bad that you still owe money, and would like nothing better than to pay it back, you understand the importance of public finances blah blah  

 

You've worked all your life, but because of the Pandemic you are now forced to reply on your monthly UC payment of £xxx to eat and pay rent. Quite simply the deduction of £xxx is forcing me to choose between heating my home and eating dinner.  I'd be very grateful if you could stop deductions for 6 months, giving me the chance to get myself back onto my feet after Covid. At that point I'd be more than happy to come to an arrangement to pay this back,

 

Kind Regards

 

XXX

 

 

Doing the above, in writing by recorded Royal Mail, gives you a better than 50% chance of stopping this. Remember you have far more power than you think, I got a letter back from the Chancellor of the Exchequer (Philip Hammond) on my case a few years back.

 

 

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On my SAR it was the opposite , rather than taking a call away they added one that was never made.

 

Definitely write to them, don’t hold your breath, it might take a while for a response but you may well get a result.

 

look on the bright side, once you are up and running and off UC they can go sing for it!

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WWW.GOV.UK

Contact HMRC for help with questions about Income Tax, including PAYE coding notices and Marriage Allowance, and...

 

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Yup there you go it's all been transferred over to the DWP, mine pre dated that. Give them a call, tomorrow first thing and explain circumstances.

We could do with some help from you.

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